Legislature(2009 - 2010)BARNES 124

04/08/2009 01:00 PM House RESOURCES


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HJR 25 HYDROELECTRIC POWER; RENEWABLE ENERGY TELECONFERENCED
Moved CSHJR 25(ENE) Out of Committee
*+ HB 210 IZEMBEK STATE GAME REFUGE LAND EXCHANGE TELECONFERENCED
Moved CSHB 210(RES) Out of Committee
*+ HB 162 SOUTHEAST STATE FOREST TELECONFERENCED
Moved Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
+ HCR 12 URGING REEVALUATION OF AGIA LICENSE TELECONFERENCED
<Bill Hearing Canceled>
<Pending Referral>
HB 162-SOUTHEAST STATE FOREST                                                                                                 
                                                                                                                              
2:27:42 PM                                                                                                                    
                                                                                                                                
CO-CHAIR NEUMAN announced  that the next order  of business would                                                               
be HOUSE BILL  NO. 162, "An Act establishing  the Southeast State                                                               
Forest and relating to the  Southeast State Forest; and providing                                                               
for an effective date."                                                                                                         
                                                                                                                                
2:27:55 PM                                                                                                                    
                                                                                                                                
MARTHA  WELBOURN-FREEMAN,   Forest  Resources   Program  Manager,                                                               
Division of  Forestry, Department of Natural  Resources, spoke in                                                               
support of  HB 162  by paraphrasing  from the  following prepared                                                               
statement [with some grammatical editing]:                                                                                      
                                                                                                                                
     I.  Introduction.   Thank you Mr.  Chairman and members                                                                  
     of the Committee.   My name is Marty Freeman,  and I am                                                                    
     the  Forest  Resources  Program  Manager  for  the  DNR                                                                    
     Division of Forestry.                                                                                                      
                                                                                                                              
     II.  Background and purpose                                                                                              
     I am pleased to speak in  support of HB 162.  This bill                                                                    
     is  part of  the state's  effort to  ensure that  local                                                                    
     timber  processing  continues  to  be a  piece  of  the                                                                    
     economy in  Southeast Alaska.   The majority  of timber                                                                    
     in  [southern  Southeast]  is   on  federal  land,  but                                                                    
     federal timber sales have  declined drastically.  Local                                                                    
     mills now depend heavily on  state timber for survival.                                                                    
     Demand  for southeast  timber for  wood energy  is also                                                                    
     increasing, further raising  the importance of securing                                                                    
     a timber base in this region.                                                                                              
                                                                                                                                
     The  State Forest  proposal is  built on  the land  use                                                                    
     designations  in  the  [Prince  of  Wales  Island]  and                                                                    
     [Central   Southeast]   Area   Plans.     DNR   manages                                                                    
     approximately 156,000  acres of land in  these planning                                                                    
     areas.   About 31% of  that land  -- 49,000 acres  - is                                                                    
     presently part  of the state  timber base,  and managed                                                                    
     for  a  combination  of  timber  production  and  other                                                                    
     public  uses.   However,  there  is  no assurance  that                                                                    
     these  lands   will  remain  in  state   ownership  and                                                                    
     continue to be available  for harvesting in the future.                                                                    
     HB 162 helps secure a  long-term wood supply from state                                                                    
     land by  designating approximately  half of  the timber                                                                    
     base  -25,000  acres  (16%)-- as  the  Southeast  State                                                                  
     Forest,  retaining it  in  state  ownership for  timber                                                                  
     harvesting and multiple use management.                                                                                    
                                                                                                                                
     One of  the benefits of  a State Forest  designation is                                                                    
     that it  provides the secure  land tenure  necessary to                                                                    
     support   pre-commercial   thinning  of   second-growth                                                                    
     timber.    Thinning  increases the  harvestable  timber                                                                    
     volume per  acre, shortens rotations  between harvests,                                                                    
     and benefits wildlife habitat.   There is broad support                                                                    
     for shifting  timber harvesting in  SE Alaska  from old                                                                    
     growth  to second-growth  stands where  feasible.    We                                                                    
     can  accelerate the  shift to  second-growth harvesting                                                                    
     and increase  timber volume on  state land  by thinning                                                                    
     these  stands.    However,   thinning  is  a  long-term                                                                    
     investment,  and is  only justified  if  the land  will                                                                    
     continue  to   be  available  for   forest  management.                                                                    
     Legislatively designating  a State Forest  would ensure                                                                    
     that  some land  will  remain  available for  long-term                                                                    
     forest management.                                                                                                         
                                                                                                                                
     The  proposed Southeast  State  Forest  consists of  20                                                                    
     parcels that  are classified as  "General Use"  land on                                                                    
     Prince of  Wales, Tuxekan, Kosciusko,  Heceta, Revilla,                                                                    
     and Gravina islands, and on  the mainland at Crittenden                                                                    
     Creek.     A  regional  overview map  and  maps of  the                                                                    
     individual  parcels  are  in the  Committee's  briefing                                                                    
     packet.    The Division  of  Forestry  worked with  the                                                                    
     Division  of  Mining,  Land, and  Water  Management  to                                                                    
     identify and exclude lands that  are priorities for the                                                                    
     state land disposal program.                                                                                               
                                                                                                                                
     The Southeast State Forest would  be managed as part of                                                                    
     the State  Forest System under  AS 41.17.200-.230.   In                                                                    
     addition to  timber management, State Forests  are open                                                                    
     for  multiple  uses,  including  wildlife  habitat  and                                                                    
     harvest,   mining,   transportation,   recreation   and                                                                    
     tourism.     State  Forest   lands  would   be  managed                                                                    
     consistent  with   the  management  intent   under  the                                                                    
     current Prince  of Wales  Island and  Central Southeast                                                                    
     area  plans.    Changes   to  management  intent  would                                                                    
     require public and  interagency review through adoption                                                                    
     of a State Forest Management Plan under AS 41.17.230.                                                                      
                                                                                                                                
     Municipal Entitlements.    One of the  other demands on                                                                  
     state land  in [southern Southeast] is  to fulfill land                                                                    
     entitlements   for  new   municipalities.     To  avoid                                                                    
     conflicts  with the  Wrangell Borough  entitlement, the                                                                    
     Southeast  State Forest  bill  specifies  that the  new                                                                    
     Wrangell Borough  may select  State Forest  land within                                                                    
     the borough  boundary.   The  Wrangell borough boundary                                                                    
     encompasses three parcels in  the proposed state forest                                                                    
     (Crittenden Creek and Bradfield Canal East and West).                                                                      
                                                                                                                                
     If  additional municipalities  are incorporated  before                                                                    
     June 30, 2019, lands  that were vacant, unappropriated,                                                                    
     unreserved  land  before  establishment  of  the  State                                                                    
     Forest  would be  included in  the  calculation of  the                                                                    
     municipal   entitlement  acreage,   but   may  not   be                                                                    
     selected.                                                                                                                  
                                                                                                                                
     Broad support.   DNR has briefed  many statewide groups                                                                  
     and  entities   across  Southeast  Alaska   about  this                                                                    
     proposal,   including   the    SE   Conference,   local                                                                    
     governments,  and the  diverse groups  participating in                                                                    
     the  Tongass  Futures  Roundtable.   We  have  received                                                                    
     letters  in  support of  the  bill  from the  Southeast                                                                    
     Conference,  the City  of  Coffman  Cove, the  Resource                                                                    
     Development    Council,   and    the   Alaska    Forest                                                                    
     Association.  In addition, the  state Board of Forestry                                                                    
     passed a unanimous resolution in  support of this bill.                                                                    
     The Board  includes representatives  of the  timber and                                                                    
     fishing   industries,   Native  corporations,   mining,                                                                    
     environmental,   and   recreational  organizations,   a                                                                    
     professional   forester,  and   a  fish   and  wildlife                                                                    
     biologist.  Finally, the companion  bill, SB 127 passed                                                                    
     out  of  the  Senate  Community  and  Regional  Affairs                                                                    
     Committee without opposition.                                                                                              
                                                                                                                                
2:32:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KAWASAKI  asked  whether  anyone  else  would  be                                                               
testifying on HB 162.                                                                                                           
                                                                                                                                
CO-CHAIR  NEUMAN  replied that  no  one  else  was signed  up  to                                                               
testify.                                                                                                                        
                                                                                                                                
REPRESENTATIVE EDGMON surmised that the  impetus for HB 162 is to                                                               
allow for harvesting old-growth trees.                                                                                          
                                                                                                                                
MS. WELBOURN-FREEMAN  responded that  the division wants  to make                                                               
sure that  harvesting can continue.   The concern is  making sure                                                               
the division has the long-term  ability to manage by thinning the                                                               
second-growth  timber to  increase the  productivity and  provide                                                               
habitat benefits,  and to  continue harvesting  old-growth timber                                                               
which  will  support  timber  processors  in  southern  Southeast                                                               
Alaska.                                                                                                                         
                                                                                                                                
2:33:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EDGMON inquired whether  there has been opposition                                                               
to HB 162.                                                                                                                      
                                                                                                                                
MS. WELBOURN-FREEMAN  answered that there has  been no opposition                                                               
to this  point.  She said  she has met with  representatives from                                                               
the  Southeast  Alaska  Conservation Council  (SEACC)  who  asked                                                               
whether  multiple  use  would  be  allowed in  this  area.    The                                                               
legislation,  she continued,  makes it  very clear  that multiple                                                               
use  occurs on  state forests  and restricting  other uses  would                                                               
require a finding of incompatibility.                                                                                           
                                                                                                                                
REPRESENTATIVE WILSON  commented that this is  very important for                                                               
her  region because  of  the difficulty  in  getting timber  from                                                               
federal lands for a long period  of time as there is no guarantee                                                               
of supply.  However, she said,  the state is willing to work with                                                               
people  in order  to  have  a year-round,  careful  harvest.   In                                                               
response  to Co-Chair  Neuman, Representative  Wilson noted  that                                                               
over the  past several years  the timber  industry has come  to a                                                               
standstill and  the sawmill in  Wrangell shut down  last October.                                                               
She  said  people have  had  to  move  away  and the  economy  of                                                               
Wrangell has been greatly impacted.                                                                                             
                                                                                                                                
CO-CHAIR  NEUMAN thanked  Representative Wilson  for her  work on                                                               
this issue.                                                                                                                     
                                                                                                                                
2:36:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KAWASAKI asked whether  designating these lands as                                                               
state forest is compatible with the intent of multiple-use land.                                                                
                                                                                                                                
MS. WELBOURN-FREEMAN  replied that  these lands are  very clearly                                                               
multiple-use  lands.   The statute,  which is  part of  the state                                                               
Forest Practices Act,  has standards for the  state forest system                                                               
that say the primary purpose  is to have active timber management                                                               
while allowing for  other uses.  The statute also  says that when                                                               
undertaking a state  forest management plan, other  uses, such as                                                               
habitat, recreation,  and mining,  must be  specifically allowed.                                                               
The  plan must  have a  finding  of incompatibility  in order  to                                                               
restrict the other uses.                                                                                                        
                                                                                                                                
2:37:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KAWASAKI inquired  whether it is the  state or the                                                               
businesses wanting to log that suggest which lands to harvest.                                                                  
                                                                                                                                
MS.  WELBOURN-FREEMAN explained  that the  starting point  is the                                                               
area plan  which is part  of the  regional land-use plan  for DNR                                                               
lands.   She said DNR  manages about  156,000 acres in  this area                                                               
and that here is an  extensive public and inter-agency process to                                                               
identify the  main uses of those  lands.  Of that  156,000 acres,                                                               
about 49,000  were designated  for this mix  of timber  and other                                                               
multiple uses and  those lands are the current timber  base.  The                                                               
Division of Forestry  needed some security for  its investment in                                                               
thinning and second-growth management,  so it reviewed the 49,000                                                               
acres with  the Division  of Mining, Land  and Water  to identify                                                               
which of these  lands could be kept in  long-term state ownership                                                               
without  adverse  impacts on  the  state  land disposal  program.                                                               
This review arrived at the 25,000-acre package.                                                                                 
                                                                                                                                
2:39:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KAWASAKI asked  whether  mining  is considered  a                                                               
multiple use.                                                                                                                   
                                                                                                                                
MS. WELBOURN-FREEMAN  responded yes, mining  is part of  the list                                                               
of  things  that are  specifically  recognized  as multiple  uses                                                               
within state forests.                                                                                                           
                                                                                                                                
REPRESENTATIVE   KAWASAKI  inquired   whether   a  state   forest                                                               
designation   would  hamper   the   ability  to   do  mining   or                                                               
transportation routes in addition to timber harvest.                                                                            
                                                                                                                                
MS.  WELBOURN-FREEMAN  answered  no,  transportation  routes  are                                                               
specifically  provided for  under  state statutes  and mining  is                                                               
listed as  a use  that is  protected unless  there is  a specific                                                               
finding of incompatibility.  That  finding must be for a specific                                                               
site and a specific time period.                                                                                                
                                                                                                                                
2:40:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KAWASAKI asked  whether  fishing, recreation,  or                                                               
commercial  tourism near  state forest  land would  be considered                                                               
incompatible.                                                                                                                   
                                                                                                                                
MS. WELBOURN-FREEMAN  responded that  tourism and  recreation are                                                               
two  of  the multiple  uses  specifically  allowed in  the  state                                                               
forest statutes.                                                                                                                
                                                                                                                                
REPRESENTATIVE SEATON  inquired whether state  forest designation                                                               
would diminish,  prohibit, or restrict  the use of  logging roads                                                               
after they are no longer used for logging.                                                                                      
                                                                                                                                
MS.  WELBOURN-FREEMAN  replied that  there  is  nothing in  state                                                               
forest  statute or  HB 162  that  would restrict  those types  of                                                               
uses.  The  division would have to make a  decision for each road                                                               
as to  whether to  continue its  maintenance or  to pull  out the                                                               
culverts and bridges,  but the use of the road  would continue to                                                               
be open.                                                                                                                        
                                                                                                                                
2:42:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TUCK asked which uses  get eliminated when an area                                                               
is designated as state forest.                                                                                                  
                                                                                                                                
MS. WELBOURN-FREEMAN  answered that the  main change is  that the                                                               
land is  committed to stay  in state ownership in  perpetuity and                                                               
would  therefore not  be available  for  land sales.   Mining  is                                                               
allowed within a state forest, she added.                                                                                       
                                                                                                                                
REPRESENTATIVE  TUCK  inquired  whether, along  with  the  timber                                                               
harvest, there  is any  guarantee that  there will  be processing                                                               
jobs for Alaskans in order to help the local economy.                                                                           
                                                                                                                                
CO-CHAIR NEUMAN  interjected that it  is called the  economies of                                                               
scale to make more land available for harvesting timber.                                                                        
                                                                                                                                
MS. WELBOURN-FREEMAN  responded that there are  some restrictions                                                               
due  to interstate  commerce  clauses on  what  can be  required.                                                               
However, she  continued, the  division tailors  its sales  to the                                                               
local market  because that is  its niche.  With  rare exceptions,                                                               
such as  the clearing of  utility right-of-ways where  the timber                                                               
has  been allowed  to be  exported, the  timber from  these sales                                                               
goes to local mills.                                                                                                            
                                                                                                                                
2:44:21 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  NEUMAN noted  that this  same question  was asked  at a                                                               
forestry presentation  last week and  all the mills have  all the                                                               
access to ensure that they have all they can get.                                                                               
                                                                                                                                
REPRESENTATIVE WILSON  added that when  the economy is as  bad as                                                               
it  is, each  area wants  to make  as many  jobs as  possible for                                                               
local people; thus, each town is promoting this.                                                                                
                                                                                                                                
CO-CHAIR NEUMAN closed public testimony on HB 162.                                                                              
                                                                                                                                
REPRESENTATIVE  SEATON said  it  is important  to have  long-term                                                               
management  for   state  forests   without  the  worry   of  land                                                               
disposals.  He offered his appreciation for HB 162.                                                                             
                                                                                                                                
2:45:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WILSON  moved to  report HB  162 out  of committee                                                               
with any individual recommendations  and the attached zero fiscal                                                               
note.                                                                                                                           
                                                                                                                                
REPRESENTATIVE TUCK  objected, saying  he would like  some intent                                                               
language stating that  the timber harvesting is  for the purposes                                                               
of providing jobs and building the local economy.                                                                               
                                                                                                                                
CO-CHAIR NEUMAN  noted that  HB 162  will be  going to  the House                                                               
Finance Committee, then  the House floor, and then  to the Senate                                                               
side.                                                                                                                           
                                                                                                                                
REPRESENTATIVE  KAWASAKI agreed  with  Representative  Tuck.   He                                                               
suggested putting  the language under  Section 2 as  a conceptual                                                               
amendment.                                                                                                                      
                                                                                                                                
The committee took an at-ease from 2:48 P.M. to 2:49 P.M.                                                                       
                                                                                                                                
2:49:14 PM                                                                                                                    
                                                                                                                                
CO-CHAIR JOHNSON  offered his  belief that  the public  record of                                                               
this meeting  makes it clear that  the intent is to  provide jobs                                                               
and putting such language into the bill would be duplicative.                                                                   
                                                                                                                                
REPRESENTATIVE   EDGMON  agreed   with  Representative   Wilson's                                                               
comments and noted  that DNR has a multiple-use policy.   He said                                                               
he therefore believes that intent language is unnecessary.                                                                      
                                                                                                                                
CO-CHAIR NEUMAN reminded members that  the motion on the table is                                                               
to report HB 162 from committee.                                                                                                
                                                                                                                                
REPRESENTATIVE  TUCK  withdrew his  objection.    There being  no                                                               
further objection, HB  162 was reported from  the House Resources                                                               
Standing Committee.                                                                                                             
                                                                                                                              
The committee took an at-ease from 2:51 P.M. to 2:52 P.M.                                                                       
                                                                                                                                

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